they just took a lunch break. >> okay, shimon, we'll check back with you and we'll obviously be watching closely for when court resumes. appreciate that. i want to get some legal expertise in here. legal analyst and former federal prosecutor laura coates with us as well as cnn legal analyst and civil rights attorney reeva martin. thank you for being with me. is rittenhouse helping or hurting his case? >> well, it was a risky move by the defense team to put him on the stand, it always is to put a defend on. but i think in this case given how the evidence has been presented by the prosecution that it is working for the defense. they presented a very different picture of a kyle rittenhouse than what we had seen in the media reports. this is kyle rittenhouse that went there to do good, to take graffiti off of a school, to render aid to help save a business. this was a very, you know, humanized kyle rittenhouse, and that's what the defense wanted to do. they wanted to paint him as a good guy that was there to do good and then was attacked by these men who used a great deal of force, and that he was simply doing what anyone would have done in that situation which was to defend himself. and as we heard shimon say jurors appeared to be sympathetic to kyle as he testified. so remains to be seen, anna, what happens ultimately. but i think so far kyle's testimony probably went over pretty well. >> laur >> laura, do you agree? >> if i was defense i would have put him on the style. there was a lot of sympathetic media towards him. people who thought about him essentially as a bit of a martyr from his inflection point on racial tension in america, the idea of the amount of gofundme-esque aids that came to his assistance. if i'm the prosecution i need him to take the stand for the reasons that came through on the cross-examination. remember when he was asked questions by his own attorney you saw the waterworks coming out. he was crying. they had a 10-minute recess. he was overcome with emotion -- >> in fact, forgive me for interrupting, but i want to play that moment, when he broke down on the stand, the judge calling for a break. let's watch. >> i was cornered from in front of me with mr. zuminsky, and there were -- there were people right there. [ crying ] >> laura, you think that was impactful on jurors? >> certainly, it is. the idea of your client crying on the stand overcome with emotion. look at this from a bare bones aspect you want to talk about humanizing him. first of all, if you're the defense counsel i'm sure you are furious the judge took a break because you want that to continue. if you're capitalizing on getting the sympathetic jurors ears you want that to continue. notice how the cross-examination went down after that and how he was also able to describe without tears with a level of frankly defiance and resolve he'd done nothing wrong, he said and then wanting to go to the police. you think of that as a prosecutor how you counter the narrative that somebody is sympathetic. you have to show that emotion is now devoid when i now question you as a prosecutor. you're very, very clear on what your role was and what you did or did not do wrong. and also a moment that i think was impactful when he said he first shot the first victim and then the subsequent victims tried to restrain him or stop him and take away the gun. if you're the jury your mind starts racing and thinking to yourself, well, hold on. he's got to show there was self-defense for each of the victims. if the subsequent people that he attacked were trying to defend the first person or trying to take away a gun from an armed person, does that change the narrative if you're the jury pool? does that change the calculus initially, if he's trying to get away, but he still tries to then shoot other people who have taken the gun away from him. it does change. which is why at a prosecutor you want him to take the stand and question those very key points about, all right, if you initially thought you were acting in self-defense were you then trying to protect just the gun at that point or yourself? that's a question that's now been raised by him taking the stand. >> well, the defense had rittenhouse, right, go through the sequence of events that night. and he had the opportunity then to detail threats he says he heard from two of those that he shot and killed. but, areva, obviously this isn't going to be his word against theirs. they're dead. what kind of impact does that have? >> very impactful. and one thing i'll say to what laura just said, on cross-examination what we saw was i thought a very rehearsed kyle rittenhouse. he was using terms i would imagine your typical 17-year-old, 18 at the time now he's not a nursing student, not a law student. so he was using some terms i wouldn't think would be in the vocabulary of your typical 17, 18-year-old. and he was using language that laid out this legal self-defense is what his lawyers are going to argue. and i think jurors picked aon that, this guy, yes, were very emotional on direct examination but yet when he it came to cross namination he became as laura said defiant and becoming junior lawyer using a lot of legaler terms. it comes down to do we believe kyle rittenhouse the truth or given the performance of a lifetime? >> on cross-examination he repeated the same line over and over again. let's listen. >> every you shot at that night you intended to kill, correct? >> i didn't intend to kill them. i intended to stop the people who were attacking me. >> by killing them. >> i did what i had to do stop the person who was attacking me. >> by killing them. >> two of them passed away, but i stopped the threat from attacking me. >> by using deadly force. >> i used deadly force. >> that you knew was going to kill them. >> i didn't know if it was going to kill them, but i used deadly force to stop the threat that was attacking me. >> you intentionally used deadly force against joseph rosenbaum, correct? >> yes. >> you intentionally used deadly force against the man who tried to come and kick you in the face? >> yes. >> you intentionally used deadly force against apthain hewer. >> yes. >> you intentionally used deadly force against gaige grosskreutz, correct. >> you intemded to kill him, correct? >> i didn't intend to kill him. i intended today stop the person attacking me and trying to steal my gun. >> laura, what did you make of that back and forth? was it an effective repetitive response or did the prosecution accomplish anything there? >> the prosecution did move the needle in that case, in that instance in that exchange. the idea of being overly rehearsed can count against you because remember the narrative that the defense needs to put forth is this idea of a scared young boy who had no business being there. he was trying to be the equivalent of an eagle scout and was overwhelmed by people who sought to do him harm. now, if he becomes more authoritative and commanding in his presence and aware of the rehearsal or the speech of saying here's what i was intending to do, you don't really paint the picture of a chaotic scene where he was overwhelmed and in realtime had to defend against the attacks that he says happened. but you also have this idea here why this attorney, the defense attorney is well aware and the prosecution also knows about the elements of the crimes. you charge these crimes it's not the court of public opinion. you have to line it up to criminal statutes. and in those you have to have aspects of intent and the language you can then bring to the jury later onto say here's the testimony you heard that gets at the following elements. we've proven our case beyond a reasonable doubt with these elements in mind. and the reversal is also true. the defense had to say they had the burden to prove "x," "y," and "z" and the intent of "x," "z," and "z" and the intent and they failed. and his statements from the prosecution and defense get right to that. >> we're on a lunch break right now in part because of timing but also because the judge was about to call another break to ask the jury to leave in order to have some kind of exchange with the prosecution. he seemed to have a problem with the direction the questioning was going. and we saw a couple of other times during cross-examination. the judge abruptly interrupting the q&a, having the jury leave the room. and he actually has shown anger with had prosecutor here. let's listen to one of those moments. >> don't get brazen with me. you knew very well. you know very well that an attorney can't go into these types of areas when the judge has already ruled without asking outside the presence of the jury to do so. so don't give me that. that's number one. number two, this is propensity evidence. i said at the time i made my ruling and i'll repeat again now for you, i see no similarity between talking about wishing you had your ar gun, which you don't have so that you can take -- fire rounds at these thought to be shoplifters and the incidents in these cases which are not -- there's nothing in your case that suggests the defendant was lying in wait to shoot at somebody or reflecting upon the shooting for a vast amount of time. every one of the incidents are matters that involve seconds in time. so i don't -- i commented at the time i don't see the similarity, and i don't see the similarity now. if it's not similar, that's the whole rule. those are all the exceptions to 90404. >> areva, what's your reaction? was the prosecutor out of line? >> yeah, i think he was pushing the envelope, anna. and judges and we know this judge has been very active. he's been outspoken. he's called me out. he's called jeffrey toobin out. so not surprised to hear he's calling this lawyer out. and he is angry. and lawyers know demeanor matters, your relationship with the judge matters. all of that is being watched by the juror. jurors are listening to the facts, the evidence but also sizing up the lawyers. so prosecutors and defense attorneys have to be careful. you cannot disrespect a court's ruling and this was a really important ruling that the judge made about an alleged prior statement kyle made about wanting to have his gun to shoot at shoplifters. obviously the prosecution wants to get that statement in because they want the jurors to think he went there with the intent to shoot and kill people and he has the propensity to shoot and kill. and the judge says, no, there's no similarities, there's no evidence in the case he was lan planning to shoot anyone or lie in wait. he ruled that testimony couldn't come in and he stepped over what the judge saw was the line. and jurors know when they're rushed out of the courtroom and they can see, you know, the expression on the judge's face, they see what's going on, they know something good didn't happen. in this case the prosecution was really taken to task. >> but i wonder if the prosecution was out of line in the fact that, you know, rittenhouse told jurors he didn't come to kenosha looking for trouble the night of these protests. he says he wanted to provide first aid, and, you know, he laid out his experience as a lifeguard and that sort of thing. but the prosecution was trying to emphasize, laura, that he brought an ar-style weapon. he was just coming to save lives and this was a help he was too young to even be carrying. how effective was the prosecution on kind of leaning into that point? >> they were good. every prosecutor has taken their share of tongue lashings when it comes to a judge because judges always believe that they are in control of the courtroom. but it's the prosecution's burden and therefore the prosecution's trial. you heard him multiple times saying i'd like to establish my record. explain why the door was opened. and that phrase is what areva is speaking about. the idea of even if the court should rule on a particular motion to suggest i don't want the jury to hear things that are outside of the courtroom or things that you hope will get them to establish this person once a criminal always a criminal or this person had already the intent formed, you know, completely unrelated to the idea of providing medical care to come with the intent to shoot people if property was damaged. the prosecutor thought the door was open by virtue of kyle rittenhouse's testimony and he if he opened had door they're now entitled to do so. and he's making that record. and on that point this is why it's so dangerous sometimes for defends to take the stand. no matter how rehearsed or smart they think they are, if they are not well-versed in the methodology of litigation, of trial procedure and evidentiary rules they may fall to their own hubris. if kyle rittenhouse opens the door that establishes whether he formed some intent prior to those interactions to kill anybody who harmed property, which he admitted time and time again prior to that tongue-lashing you're not entitled in wisconsin under these circumstances to use deadly force to protect property, the prosecutor is entitled to go through that door. but the record is made on the hopes of this being a conviction for the prosecution and trying to preserve it on appeal. >> areva, bottom line even though we still have additional questioning left here, do you think the prosecution has provided proof beyond a reasonable doubt to support the charges including the most serious, first degree, intentional homicide and first degree reckilless homicide? >> i surely hope, ana, at the end of the day there's a conviction of some the counts that have been charged. i have some doubts. there are things done in the trial with respect to witnesses that cause me to have concerns about the prosecution's case. and one of them happened yesterday when you had the only survivor on, the third victim that was shot by kyle during the prosecution's direct examination they did not elicit from that witness that he had a gun and that he pointed that gun at kyle. that came out in cross-examination. that was a big moment for the defense yesterday. jurors don't like it when they think that prosecutors are hiding information from them. and that was particularly troubling. there's been some other witnesses that were called in the prosecution's case that seemed to give testimony that was more favorable to the defense. so there have been some i won't call them missteps, but there's been some surprises in the testimony. but i surely hope the prosecution has done enough to establish kyle rittenhouse had no business being at that protest and definitely had no business being there with a gun and shooting three people, killing two of them. >> areva martin, laura coates, i appreciate both of you. thank you so much for your expertise and spending time with us on this. we'll return to kyle rittenhouse's testimony just as soon as it resumes. we have breaking news just ahead including a massive blow to former president trump's attempts to shield documents from the committee investigating the january 6th attack on the u.s. capitol. stay with us. that's why they customize your car insurance, so you only pay for what you need. oh, yeah. that's the spot. only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ bipolar depression. it made me feel like i was trapped in a fog. this is art inspired by real stories of people living with bipolar depression. i just couldn't find my way out of it. the lows of bipolar depression can take you to a dark place... ...and be hard to manage. latuda could make a real difference in your symptoms. latuda was proven to significantly reduce bipolar depression symptoms and in clinical studies, had no substantial impact on weight. this is where i want to be. latuda is not for everyone. call your doctor about unusual mood changes, behaviors, or suicidal thoughts. antidepressants can increase these in children, teens, and young adults. elderly dementia patients on latuda have an increased risk of death or stroke. call your doctor about fever, stiff muscles, and confusion, as these may be life threatening... ...or uncontrollable muscle movements, as these may be permanent. these are not all the serious side effects. now i'm back where i belong. ask your doctor about latuda and pay as little as $0 for your first prescription. [uplifting music playing] ♪ i had a dream that someday ♪ ♪ i would just fly, fly away ♪ some things are good to know. like where to find the cheapest gas in town, and which supermarket gives you the most bang for your buck. something else that's good to know? if you have medicare and medicaid, you may be able to get more healthcare benefits through a humana medicare advantage plan. call the number on your screen now and speak to a licensed humana sales agent to see if you qualify. learn about plans that could give you more healthcare benefits than you have today. depending on the plan you choose, you could have your doctor, hospital, and prescription drug coverage in one convenient plan. from humana, a company with 60 years of experience in the healthcare industry. you'll have lots of doctors and specialists to choose from. and, if you have medicare and medicaid, a humana plan may give you other important benefits. depending on where you live, they could include dental, vision, and hearing coverage. you may also get rides to plan-approved locations; home delivered meals after an in-patient hospital stay; a monthly allowance for purchasing approved healthy food and beverages; plus an allowance for health and wellness items. everything from over the counter medications and vitamins, to first aid items and personal care products. best of all, if you have medicare and medicaid, you may qualify for multiple opportunities throughout the year to enroll. so if you want more from medicare, call the number on your screen now to speak with a licensed humana sales agent. learn about humana plans that could give you more healthcare benefits. including coverage for prescription drugs, dental care, eye exams and glasses, hearing aids and more. a licensed humana sales agent will walk you through your options, answer any questions you have and, if you're eligible, help you enroll over the phone. call today and we'll also send this free guide. humana, a more human way to healthcare. welcome back. we're continuing to monitor the rittenhouse trial. this on a break right now. this video from earlier this afternoon. of course he'll be returning to the stand after this break. we'll keep an eye on it. other other big r story today, federal judge ruling the house select committee can have access to 700 pages of documents including call logs, schedules, hand written notes. in her ruling the judge eviscerated the former president's claim of executive claim with these key lines. "presidents are not kings and plaintiff is not president." she goes on, "the court holds the public interest lies in permitting not enjoining the combined will of the legislative and executive branches to study the events that led to and occurred on january 6th and to consider legislation to prevent such events from ever occurring again." trump says he will appeal but as of now the select committee is on track to get access to these documents this friday. while members wait they're issuing even more subpoenas. they want to talk to ten more former trump white house officials including stephen miller and kalely mcenany. ryan, what do these latest subpoena calls have in common? >> reporter: the one thing interesting about these group of subpoena targets is where they were on january 6th. and almost all these individuals in this latest round of subpoena targets spent some time with the former president in and around the events leading up to and on january 6th. some for instance like his body man, nicholas luna, were in the oval office with him as he was making key phone calls. others had conversations with him throughout the day. you mention his former press secretary, johna mcenty, the personnel officer and was his former body man, someone very close with president trump. so what the committee is looking for in its outline subpoena request is information about what these individuals witnessed on those days, what conversations took place, who was the former president talking to, and were those conversations anything that contributed to the violence and chaos that we saw here on january 6th? and this is of course the second round of subpoenas that were issued this week. on monday we saw subpoenas issued to a group of individuals that played a big role in pedaling the big lie in between november and leading up to the january 6th insurrection. two things at play here, ana. the committee looking to build the case that spreading the big lie is what inflamed americans across the country and compelled them to come here. and then what took place on that day to perhaps compel them to come and raid the capitol. that is something that the committee is trying to drill down. and you mention these documents that they won a big court battle in yesterday, the release of these 700 different documents. these are important. they include call logs, communications the former president was involved in, draft speeches, even hand written notes. this is part of what they're trying to do to connect the dots about what went wrong on that day and what if any role the former president played. ana, you mentioned there may still be some of a battle to get that information in their hands. the former trump administration already asking for a stay while the appeal process plays outch so a legal battle still ahead of us, anach. >> oh, we are anxiously awaiting all of it. also with us former dep assistant attorney general harry lichman. thank you for jumping on. help put in perspective this ruling, how big, how impactful, how histtororical is it? >> wonderful to be back with my old friend, harry. this is extremely impactful and important ruling. the judge has brushed aside trump's claims that a former president continues to have rights over his documents over executive privilege. you know, ana, in a way what trump was arguing was a continuation of his big lie that he didn't really lose the election. because he's claiming he has powers. that's anathema to american rule of law. the judge properly slam dunked him and she did it fast, a little over three weeks. you know, trump is expert at losing the battle but winning the war through delay. she slammed the door on that. the appellate courts must do the same. >> so let's talk about that part, harry, because trump says he's going to appeal. he's asked for a stay. can he stop these records from being released on friday? >> yes, so the first thing is and norm is right about the opinion, and evisceration, ana, is not too strong a term. he can but right now the clock for a change is ticking against him. unless they quickly stop the music, and you can be certain they're keenly aware of the timing here, keenly aware of the issues. and it's an overall democratic leaning court. in normal order it'll just go out on friday. so he's sweating it. i do think the court of appeals might enter a short stay to consider it, et cetera. but they will act quickly in any event. and unless and until they do, he's behind the eight ball. and the opinion takes him out of the water not just on being the former president but everything of this new round of subpoenas involving basically campaign activity. also says, look, that's not presidential decision making, that's not covered by the privilege. she also says the public interest is paramount in hearing it. if this opinions hold up there's three ways in which it completely destroys not just his claims but the ones that the bannons and clarks of the world are wanting to be making in response to the current round of subpoenas. >> yeah, we're going to talk about that in just a moment. but, norm, one quick little button on this issue about the records which we know includes hundreds of documents including the call logs, visitor logs and at least three pages of hand written notes by trump's chief of staff mark meadows. you previously told me you thought the judge might allow some documents to be released but not others. her ruling did not exclude anything. what does that tell you? >> well, she clearly did not fall for the argument that trump's lawyers were making, that some of this was outside the bounds. ana, you'll remember we discussed, for example, whether polling information from earlier in the year was relevant to the determination. it all goes to trump's state of mind. and i thought the government had the best of the argument, and she ultimately agreed. >> now, the january 6th committee, obviously it will have this as a victory at the moment just as it issued ten new subpoenas for former trump officials including former press secretary kaley mcenany, and what do you make of not just the quanty of the subpoenas, 16 subpoenas just this week alone, but who they're targeting and the timing of this? >> first they're definitely feeling their oaths and moving on the decision. what do i make of it? they're really looking at the former president. we know a lot of what happened over the these days things have been filled in. not so much about when he knew what he was doing. remember on january 6th the call to mccarthy, the apparent jubilation that trump has at this party. we've heard scanty reports about that. these ten people are the ones who could absolutely nail it to the wall that he was someone who was fanning the flames, delighted at them, acting like a person who maybe actually instigated it. this goes right to the heart of what the president felt, when he felt it and what his role was with respect to the base that was, you know, acting with violence in the nation's capitol in realtime. >> but some of the bigger names still haven't talked to the committee even the ones who were subpoenaed previously. and you've got to think people who got subpoenas and you've got to think they're watching closely what merrick garland is going to be about bannon's criminal contempt referral. does garland's delay in making a decision on that tell you anything? >> ana, the fact garland has taken a couple weeks to consider the bannon matter is not unusual. he may well have impanelled grand jury. evidence needs to be brought before the grand jury, and so it does take a little time to process it. i don't yet read anything into that. two other things that are very important to remember, the other thing that the meadows and patels are watching is the courts. and now the underlying executive privilege claims have been desid decimated by a federal judge. that matters. that will create nervousness about defying congress. and remember the committee has interviewed over 150 witnesses including senior justice department officials from the trump era, others we probably don't know about. they are moving like grease lightening, and it is a shock and awe campaign with these additional subpoenas for the mcties, the mcenanys and the millers, the people who as harry said saw trump's possible jubilation instead of alarm when our nation's capitol was attacked on january 6th. so many more shoes to drop before we can write off those meadows, patels of the world appearing and testifying. >> grease lightening, i'm sure john trovolta would appreciate that little reference to his movie. thank you both for joining us. always a pleasure, gentlemen. >> thanks, ana. inflation is getting worse right ahead of the holidays hitting a level we haven't seen in 30 years. is there any hope for relief? details next. kevin? kevin. oh nice. kevin, where are you? kevin?!?!? hey, what's going on? i'm right here! i was busy cashbacking for the holidays with chase freedom unlimited. i'm gonna cashback on a gingerbread house! oooh, it's got little people inside! and a snowglobe. oh, i wished i lived in there. you know i can't believe you lost another kevin. it's a holiday tradition! that it is! earn big time with chase freedom unlimited. how do you cashback? chase. make more of what's yours. ♪ say it's all right ♪ ♪ say it's all right, it's all right ♪ ♪ have a good time 'cause it's all right ♪ ♪ now listen to the beat ♪ ♪ kinda pat your feet ♪ ♪ it's all right ♪ ♪ have a good time 'cause it's all right ♪ ♪ oh, it's all right ♪ again, we are continuing to watch for kyle rittenhouse to resume his testimony today in the case against him after he shot and killed two people and wounded a third in kenosha, wisconsin, in protesters over the summer. as soon as that trial resumes we'll take you there. meantime if you feel like your dollar is being stretched thin, you are not alone. in the latest inflation data just today it's sobering proof. consumer prices are surging more than they have in 30 years. and to make matters worse there's no sign it'll get better anytime soon. prices jumped more than 6% over the last year, that's the biggest increase since 1990. let's get right to cnn's matt eegen. matt, u.s. inflation is being fueled by the supply chain crisis and pent-up demand. break it down for us. what products are getting more expensive, and what do americans need to know? >> ana, we knew this inflation report would be brutal, but this was much worse than expected. and as you mentioned it's landing right before the holidays. so let me run you through some of these red hot inflation numbers. consumer prices up by 6.2% in october from the year before. that the biggest spike in nearly 31 years. it is bigger than even any major forecaster was even calling for. month over month prices up by nearly 1%. that is more than double the rate we saw in september. tease numbers are all moving in the wrong direction. steak up by 24%. bacon, 20%. eggs, chicken, milk and coffee, all of them going up. outside of the grocery store we continue to see the impact of the computer ship shortage. we've seen prices go up on televisions, various electronics and of course cars. new zeke prices were up nearly 10% year over year. that's the biggest increase we've seen since 1975f it's never a good sign when you're making inflation prices with the 1970s. but, ana, we do have to point out prices were falling in the spring of 2020 but that's because covid was running rampant, the economy was shutdown. things are opening back up, demand is rising so rapidly that supply simply cannot keep up. >> and so that has led to a new problem especially this time of year as people try to buy gifts for christmas or other holidays. it's getting harder to find certain products especially online. so if i'm planning to do some online shopping what do i need to know? what products might be tough to find right now? >> well, you should probably brace yourself because online shopping has seen a big increase in out of stock warnings. we've seen more than 2 billion out of stock issues that's in october alone. that's according to adobe. that's 33% higher than a year ago, and it's more than 300% higher than two years ago, and that's on everything from apparel and electronics to stuff you'd buy for your pets. now, i've also talked to some shoppers who say they've experienced the same issue when they've gone into stores. i talk to one shopper in particular who said he couldn't find the printer he was looking for and he had to trade up to get one more expensive. we're at a best buy in new jersey and the shelves here are pret well stocked. they're levels are in pretty good shape and that's because they've been working with their partners for months to get ready for the holiday shopping season. they've even hired vessels of their own so they can get stuff overseas and avoid congestion. best buy can see some holiday favorites including smart phones, blue tooth and consoles are going to be harder to find. >> i think a lot of people are wondering will there even be black friday sales this year. obviously we're in november. i'm starting to think about that. >> yeah, absolutely. and ana, i can tell you that because -- in part because of all these issues best buy actually is starting their black friday sale a week early, so it's another way they're trying to get people to get in early and try to get stuff while it's on the shelves. but, again, they say their inventory situations are actually in pretty good shape. >> okay. we hope more and more stores feel that way. the green bay packers and aaron rogers getting a slap on the wrist for violating the nfl's covid protocols. details on that plus roger's attempt at an apology. little fleet. big relief. try it. feel it. feel that fleet feeling. 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[ marcia ] clearchoice dental implants gave me the ability to take on the world. on the shelves. details on that plus roger's when i was diagnosed with dupuytren's contracture, i waited to get treated. thought surgery was my only option. but then i found out about nonsurgical treatments. it was a total game changer. learn more about the condition at factsonhand.com ♪ ♪ ♪ ♪ no matter what you bring to the table, there's no place like wayfair. the trial expected to resume any moment now and we expect rittenhouse to retake the stand and the cross-examination by the prosecution to continue. we will take you there just as soon as that trial resumes. meantime, today pfizer is once again asking the fda to let millions more americans get a covid vaccine booster shot. right now only certain groups can get a third dose. but the company says they now have more, quote, stunning proof that everyone 18 and older should get a booster. cnn's elizabeth cohen joins us. elizabeth, it was a couple of months ago now that an fda committee shot down a similar request. so what's really changed here, and how soon could a decision come? >> reporter: you know, ana, a decision come really in a month or two if we look at past fda decisions for emergency use th authorization. and what's changed is this data i'm about to tell you a also a shift change on what boosters are supposed to do, what their purpose is. but first let's take a look at what pfizer is requesting. as you mentioned, ana, currently only certain people are eligible to get boosters. people over age 65, people with certain health conditions, people in certain situations like health care workers. and that's a big group. 75% of u.s. adults are overweight, but still it's not everyone. so pfizer's request is boosters for everyone 18 and older. and they say their request is based on this data. they've not given a lot of details. they say they will later, but let's take a look at what they have said. they said they put 10,000 participants in a clinical trial. all of these folks had had two doses of pfizer and many months had passed since that second dose. the folks who got a placebo instead of a booster, just a shot of saline that dud nothing, over time 109 of them developed you might look at those numbers and say, well, that's a slam dunk, how could you disagree? what some folks who advised the fda would say is look, it's not such a big deal if someone gets covid as long as they don't end up in the hospital. so they get covid, they're home for a while, they might miss out on some work, but they're going to give boosters to prevent that. but the other side, and this is where attitudes might be changing, the other side when i say look, we don't want people to get covid, even if they don't enter the hospital, they can be very sick, they can transmit it. they can get long covid, let's do our best to prevent n any covid. >> let's bring in dr. wynn, author of lifeline. do you expect the fda and cdc to say yes, now is the time for boosters for all adults? >> i do. they should have said that a few weeks ago because we have growing evidence that the pfizer moderna vaccines are probably more like three-dose vaccines. johnson & johnson is more like a two-dose vaccine so the third dose is going to be really important for sustaining that high level of immune protection and i am very glad they are reviewing the new vievidence fr pfizer soon. >> i want to turn to the drama around aaron rodgers. the nfl fined two players for violation of nfl covid-19 protocols. they were fined $300,000. rodgers was fined less than $15,000, which according to action network, is more like the equivalent of fining the average american 33 bucks. do you think this is an appropriate consequence? >> well, there's no question that aaron rodgers did something very wrong. first, he misled, he lied, and potentially exposed a lot of people when he said that he implied at least that he was vaccinated when he was not. but there's a bigger problem, too, which is he's still actively spreading misinformation. in you listen to what he's saying, it's basically the biggest hit of all the pieces of misinformation he's spreading. he's saying things like there could be long-term consequences on fertility or also implying that there is this cure that you'll be fine if you get covid, you may even be better off because you have better immunity. these are all false statements and i fear because he's so influential, there will be a lot of people out there listening to him and using what he's saying to justify their own decision not to get this safe and effective vaccine. >> after he initially did just that, defending, trying to explain why he misled everyone on his vaccination status, here's what he said yesterday. >> i made some comments that people might have felt were misleading and you know, to anybody who felt mislead by those, i take full responsibility. >> is he really taking full responsibility there? >> no. because he lied and i wish that he had come right out and said i lied, i'm sorry about that. the worst problem though is that he continues to mislead. he is continuing to perpetuate this misinformation because of the breath of the audience who are listening to him. there are going to be some people who unfortunately will get infected and could potentially transmit to others because of that misinformation. >> he cited various reasons for not getting the vaccine so he was pressed on who he had consulted with, which doctors had been providing him with guidance and here's what he said. >> doctors that you consulted with, dr. joe rogen and which other doctors? >>. >> look, i have a lot of admiration for joe. i definitely talked with about a dozen friends of mine who dealt with covid and they all were very helpful in different ways. >> a dozen friends who dealt with covid? he didn't even say he talked to doctors, but as you point out, he has still gone on the record with misinformation which the u.s. surgeon general addressed this morning. >> because somebody has millions of followers on social media doesn't mean they're a credible source when it comes to vaccine information. >> you hit this, too. doesn't that just sort of sum up why we're in this spot right now? the country's struggle to get past this pandemic. >> right. and as i think bt about the backlash to vaccine requirements, i wish we didn't have to be here. i wish that people would have just done the responsible thing themselves and with education, outreach, access to the vaccines, that they would have done the right thing to protect themselves and people around them, but it's because of this pandemic of misinformation and disinformation that we're also here where we are and unfortunately, this is leading to so many preventable deaths. >> thank you so much for all you do and thank you for sharing your time and expertise with us. that does it for me today. thanks so much for being here. we'll be back tomorrow at 1:00 p.m. eastern. join me on twitter. stay right there because we're going to take you back to the courtroom and the trial of kyle rittenhouse right after this. your record label is taking off. but so is your sound engineer. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire my plaque psoriasis... ...the itching ...the burning. the stinging. my skin was no longer mine. my psoriatic arthritis, made my joints stiff, swollen... painful. emerge tremfyant™. with tremfya®, adults with moderate to severe plaque psoriasis... ...can uncover clearer skin and improve symptoms at 16 weeks. tremfya® is the only medication of its kind also approved for adults with active psoriatic arthritis. serious allergic reactions may occur. tremfya® may increase your risk of infections and lower your ability to fight them. tell your doctor if you have an infection or symptoms or if you had a vaccine or plan to. tremfya®. emerge tremfyant™. janssen can help you explore cost support options. hello, everyone. thanks for joining us. >> any moment now, the cross-examination of kyle rittenhouse will resume in kenosha, wisconsin. it's been really an emotional day. at one point, rittenhouse sobbed on the witness stand. this happened as he described the moment before he started shooting. he shot three people, killed two of them. >> i was cornered from, they fronted me with mr. ziminski and there were -- there were -- people -- that's what i'm --

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